kiowakat

Here's a peep into why these groups solicite for recognition...


Confederation of Tennessee Native Tribes
Tennessee Native American Indians United
Confederation of Tennessee Native Tribes » Tennessee Native American Indian

Reference Material
* .Why We need Recognition [Coverletter by James E. Meeks (below)]
* Brochure about Tribal Recognition
* Tribal Recognition Resources/Authority

http://www.tennesseenativetribes.com...overletter.pdf
http://www.tennesseenativetribes.com...ognitionHP.pdf
http://www.tennesseenativetribes.com...sSources02.pdf
[3 pdf's attached ± 228k]

This material has been received by legislators in reference to SB3123/HB3299 (2008),
State Government - Grants state recognition to certain Indian tribes and groups; provides means for other Indian tribes and groups to receive state recognition. Bill Information for SB3123

====== Forwarded Message ======
Date: 2/1/08 9:05


WhyWeAreAskingForTheBill 20080122 1658 CT Page 1 or 4

To: Our Tennessee Legislators

Why are we asking for the bill?
Our tribes want and need state recognition.

Why do we need legal state recognition?

1. It is a requirement of the federal Indian Arts and Craft Act P.L 101-644

As non-Recognized Native American Indians we are not able to create or market our wares, arts, and crafts as Native American Indian made. One member of the Remnant Yuchi Nation is a silversmith by trade. Three United States Presidents have been given pieces that he has made, and prior to the Indian Arts and Craft Act listed below, he was able to list the art as Native American Indian made,
but, as listed below, he could be fined and/or imprisoned for attempting to market his trade as Native American Indian made.

The Indian Arts and Craft Act P.L 101-644
(http://www.newmexico.org/nativeameri...ow-the-Law.pdf)
(Indian Arts and Crafts Board: The Indian Arts and Crafts Act of 1990)

Under the Act-

Indian is defined as a member of a federally or officially State recognized tribe, or certified Indian artisan;
Certified Indian artisan means an individual who is certified by the governing body of an Indian tribe as a non-member Indian artisan;
Indian product means any art or craft product made by an Indian;
Indian labor makes the Indian art or craft object an Indian product

Indian Tribe Means

Any federally-recognized Indian tribe, band, nation, Alaska Native village, or organized group or community, or
Any Indian group that has been formally recognized as an Indian tribe by a State legislature or by a State commission or similar organization legislatively vested with State tribal recognition authority.

Civil & Criminal Penalties

For a first time violation of the Act, an individual can face civil penalties or criminal penalties up to a $250,000 fine or a 5-year prison term, or both. If a business violates the Act, it can face civil penalties or can be prosecuted and fined up to $1,000,000.

For example, products sold using a sign claiming "Indian Jewelry-Direct from the Reservation to You", would be a violation of the Indian Arts and Crafts Act if the jewelry was produced by someone other than a member, or certified Indian artisan, of an Indian tribe. Products advertised as "Yuchi Jewelry" would be in violation of the Act if they were produced by someone who is not a member of the Yuchi Tribe.

WhyWeAreAskingForTheBill 20080122 1658 CT Page 2 or 4

2. To better the economic viability of our communities.
Unlike other minorities, Native Americans must have federal or state recognition to quality for the Minority Business Enterprise (MBE), MBE - Minority Business Enterprise

As defined by the Small Business Administration includes male and female business owners who are African American, Hispanic, Native American, Native Alaskan, Asian Pacific, Subcontinent Asian Americans (East Indian) and members of other groups designated from time to time by the SBA, and who are U.S. citizens.

Minority business status requires 51% or greater ownership by minorities as well as management and control of daily business operations, with experience or technical expertise directly related to the primary product or service of the business. Again to be considered a Native American for this purpose, they must be members of a federal or state recognized tribe, group or association.

HUBZones

A "HUBZone" is an area that is located in one or more of the following:
o a qualified census tract (as defined in section 42(d)(5)(C)(i)(I) of the Internal Revenue Code of 1986);
o a qualified "non-metropolitan county" (as defined in section 143(k)(2)(B) of the Internal Revenue Code of 1986) with a median household income of less than 80 percent of the State median household income or with an unemployment rate of not less than 140 percent of the statewide average, based on US Department of Labor recent data; or
o lands within the boundaries of federally recognized Indian reservations.

Native American Indians in Tennessee live in predominantly rural areas of the state.
Many of these areas are also classified as HUBZones. Native American Indians are classified as minorities. The dual whammy of minority status and the counties being HUBZones allow higher availability of small business loans and economic opportunities for tribes, bands, and groups.

WhyWeAreAskingForTheBill 20080122 1658 CT Page 3 or 4

Why hasn't the state recognized these tribes?

They tried. The state established The Commission of Indian Affairs. Sadly they have failed their mission and cease to function as mandated.

The Commission of Indian Affairs was created by the State of Tennessee to:

(1) Deal fairly and effectively with Indian affairs;
(2) Research and find local, state and federal resources of funding and other assistance for the implementation or continuation of meaningful programs for Indian citizens of the state;
(3) Provide aid and protection for Indians as needs are demonstrated;
(4) Prevent undue hardships;
(5) Assist Indian communities in social and economic development;
(6) Promote recognition of, and the right of Indians to pursue cultural and religious traditions considered by them to be sacred and meaningful to Native Americans; and
(7) Communicate with Tennessee's Indian communities and solicit communications from such Indian communities

Since 1983, the Tennessee Commission of Indian Affairs has failed to do what the neighboring states have done. This is the recognition of indigenous Tennessee Native American Indians.

The following is an example of the past and current commission's confusing and ineffective actions. "American Indian Organizations" (not tribes) were:
recognized
recognition was removed with the sunset of the previous commission
returned by the current commission
removed by the current commission
returned by the current commission and
removed again.

The current Commission of Indian Affairs has been in effect since 2003, and the Commission has failed to maintain a set of Recognition criteria necessary to recognize even one Native American Indian entity. As recently as December 29, 2007, at a special called meeting in Memphis, the Commissioners voted 5-2 to repeal the recognition criteria, which was placed into statute in June 2007.

The Tennessee Commission of Indian Affairs is scheduled to be sunset on June 30, 2008.

This date was enacted in Public Chapter 0516. In the most sunset review hearing, July 2007, a subcommittee of the Joint Government Operations Committee voted 4-1 to continue the sunset status as enacted in Public Chapter 0516.

WhyWeAreAskingForTheBill 20080122 1658 CT Page 4 or 4

Exactly what do we need?

1. Full permanent recognition for the tribes and associations noted in our proposed bill.

2. The creation of the Authority of the Confederation of Tennessee Native Tribes.

The Recognition requested and the Authority of the Confederation of Tennessee Native Tribes must be immediate and supersede any action or inaction by the current commission.

We appreciate any and all assistance in passing our bill this secession.

The thousands of Native Americans of Tennessee thank you.

Remnant Yuchi Nation
Upper Cumberland Cherokee
Chikamaka - Cherokee Band of the South Cumberland Plateau
Central Band of Cherokee
Cherokee Wolf Clan
Tanasi Council of the Far Away Cherokee
Native Cultural Circle
The American Indian Association of Millington Tennessee

Josiah

Carefully crafted bit of misdirection and pure Bullsh*t

KK can you think of a State recognized tribe that was later granted Federal Recognition?
According to this crap they were saying this is a mere step away

Grrrrr
And they have the audicity to whine about the fact that the Cherokee Nation of Oklahoma has testified to the State that these are not CHEROKEES!!!

__________________

weshomenom

The Pequots were also state recognized besides the one below before they got federal recognition. Both of these groups may have been like some of the Virginia groups who have long standing as state recognized. Without doing more research I couldn't say for sure.

To read the whole press release go to:


Attorney General: Attorney General Files Brief Supporting Denial Of Federal Recognition For Nipmuc Indians

Attorney General Files Brief Supporting
Denial Of Federal Recognition For Nipmuc Indians

In 2001, the Bureau of Acknowledgment and Research (BAR), the BIA's professional staff charged with reviewing and recommending action on petitions for federal tribal recognition, recommended that both Nipmuc bands be denied federal recognition for failing to meet several of the seven mandatory recognition criteria. On January 19, 2002, in the waning hours of the Clinton Administration, the BIA's Acting Assistant Secretary made a preliminary finding that the Nipmuc Nation had satisfied the mandatory criteria, contrary to the recommendation of the BAR. However, the preliminary finding had not been reviewed for legal sufficiency and was never published in the Federal Register. It, therefore, never became a completed agency action. After review by Secretary McCaleb, the recommendations of the BAR staff were approved, and a proposed finding that the Nipmuc Nation did not satisfy the mandatory criteria was published in the Federal Register. McCaleb also reviewed the recommendation for the Webster/Dudley Band and concluded that it, too, did not meet the mandatory criteria.

kiowakat

quote from wesho:

"Anyone who is interested in expressing their opposition to Tennessee giving state recognition may send a letter to our organization at aihsc@gonmail.com and we will get the responses to our contact in Tennessee."

eap7

Most of the federally recognized tribes in New England were state recognized before they received federal recognition. I think an Ojibwe tribe was too but I can't remember then name...some tribes that were terminated by the fed gov't may have gotten state recognition before regaining federal recognition as well. So it does happen. But...lets think of all the (hundreds, maybe) of state recognized tribes who haven't succeeded in their petitions for federal recognition.

I do agree that the PDFs are misleading.

kiowakat

Wesho quote "Now check out this line of bull...as if these people know anything about being indian...as if they have lived being an indian...as if they have experienced any kind of gov policy just for being indian...PLEAZ!! And powwows?? that's the extent of their indianess? Come on!....and of course mentioning all the financial benefits of being indian is included in the bill...best of all is the "legal rights" which means they want to be able to make land claims, water rights, and NAGPRA."

SB3123 by *Burchett, *Jackson, *Kurita. <-- Senators
Burchett: Tennessee Senate Member
Jackson: Tennessee Senate Member
Kurita: Tennessee Senate Member



HB3299 by *Vaughn, *Fraley, *Ford. <- House of Representatives
Vaughn: Tennessee House Member
Fraley: Tennessee House Member
Ford: Tennessee House Member



Bill Information for SB3123

http://www.legislature.state.tn.us/b...cal/SB3123.pdf


http://www.legislature.state.tn.us/b...ILL/HB3299.pdf
SB3123

01261161

-1-

SENATE BILL 3123

By Burchett

AN ACT to amend Tennessee Code Annotated, Title 4, relative to recognition of Native American Indian Tribes, Bands, Groups and Associations.

WHEREAS, The original inhabitants of North and South America were peoples who became known to European immigrants as Indians and, therefore, the original inhabitants of this state were members of various tribes of American Indians; and

WHEREAS, These tribes have strongly influenced the heritage of this great State and have left their mark by way of names of rivers, mountains, towns, and counties, by introducing local crops and medicinal herbs, and in countless other ways; and

WHEREAS, The Native American Indian culture in all its forms is manifested by the year-round Powwows and Festivals held across the country and the completion of the National Museum of the American Indian in the Smithsonian complex in Washington, D.C.; and

WHEREAS, This has been further manifested within the surrounding states of Virginia, North Carolina, South Carolina, Georgia and Alabama which have given recognition to the Native American Indian Tribes, Bands, Groups and Associations within their borders; and

WHEREAS, The struggles of the Native American Indian Peoples including physical confinement, separation of families, suppression of language, traditions and culture as well as pervasive restrictions on arts, crafts, industry and agriculture have contributed to an economic disadvantage with which the Native American Indian People still contend; and

WHEREAS, There is an economic benefit to the particular communities wherein the Native American Indians reside because of the ability of Native American Indians to impact positively tourism development, jobs, new economic development incentives, new health care opportunities, new education opportunities and to remove current barriers for Native American Indian Artists and Craft Persons to expand their trade in compliance with Federal law; and
- 2 - 01261161

WHEREAS, Attorney General's Opinion No. 07-21 of 27 February 2007, stated:

"Congress has acknowledged that state governments have the authority to recognize Indian tribes."

"States have the authority to recognize Indian tribes as long as there is no conflict with federal laws. There is no conflict between Tennessee's recognition law and federal laws."; and

WHEREAS, The Tennessee Legislature possesses the power to recognize Indian tribes, bands, groups, and Indian associations; now, therefore,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding Sections 2 through 5 as a new chapter thereto.

SECTION 2. The general assembly hereby extends state recognition with full legal rights and protections to certain Indian-descended entities that have functioned in specific ways over time.

SECTION 3. An Indian tribe, band, or group is a population of people related to one another by blood through their Native American Indian ancestry and tracing their heritage to a Native American Indian tribe, band, or group indigenous to Tennessee. Petitioners must submit a petition requesting state recognition specifying what type of recognition they seek.

SECTION 4. In order to be recognized as a tribe, band, or group, the petitioner must present a list of members of the group along with proof that each of its members is a descendant recognized as a member of a historical Tennessee tribe, band, or group by means of rolls which are compiled by the federal government or other some other compelling documentation that shows their heritage. In addition a statement with the notarized signatures of the three (3) highest ranking officers of the petitioning group is required.

- 3 - 01261161

SECTION 4. The general assembly hereby appoints the Confederation of Tennessee Native Tribes as the entity that shall review and present for recognition any tribes, bands, and groups which seek such recognition.

(1) The Confederation of Tennessee Native Tribes is the formation of the Tribes and Clans of Native American Indians across the state who have joined together in one voice to represent the well-being of the Native American Indian in Tennessee; and

(2) The Confederation of Tennessee Native Tribes is comprised of the Remnant Yuchi Nation, the Upper Cumberland Cherokee, the Chikamaka-Cherokee Band of the South Cumberland Plateau, the Central Band of Cherokee, the Cherokee Wolf Clan, the Tanasi Council of the Faraway Cherokee, the Native Cultural Council and the American Indian Association of Millington.

SECTION 5. The general assembly recognizes for purposes of state Native American Indian recognition with full legal rights and protections the following tribes, bands and groups:

Remnant Yuchi Nation Counties: Sullivan, Carter, Greene, Hawkins, Unicoi, Johnson, and Washington

Upper Cumberland Cherokee (also known as the United Eastern Lenape Nation) Counties: Scott, Morgan, Fentress, and Campbell

Chikamaka-Cherokee Band of the South Cumberland Plateau Counties: Franklin, Grundy, Marion, Sequatchie, Warren, and Coffee

Central Band of Cherokee (also known as the Cherokee of Lawrence County) 1806 Congressional Reservation

Cherokee Wolf Clan Counties: Carroll, Benton, Decatur, Henderson, Henry, Weakley, Gibson, and Madison

Tanasi Council of the Far Away Cherokee Counties: Shelby, Dyer, Gibson, Humphreys, and Perry

SECTION 6. This act shall take effect upon becoming a law, the public welfare requiring it

RainbowSpiriDancer

And is this post to suggest they should or should not have it? Just asking because I'm learning how others think.

Josiah

Actually its more to why these groups take the time and energy to want recognition in the first place
The First thing they quoted was the fact it is a requirement to be a recognized tribe to comply with the Native Arts and crafts act. Not that they are seeking this as a results of centuries of struggle, no its to come into compliance with an act that was enacted in the 1940's and then redone in 1990's!
Secondly they want it to qualify for Minority Business Enterprises to receive grants to start up there businesses on Federal Grant money.
There pitch is this, we live in rural areas of the state if you give us recognition we can get federal money to start our businesses and we will employ rural people and raise there standard of living.
That is why

__________________

Blackbear

There are grants for people who live rurally for starting businesses... there are grants for just about everything.. federal recognition is'nt necessary for anything other than them getting to label their crafts native made. They already know how to form non profit groups for tax deductions/exemptions. This is only a stepping stone to the allmighty casino dollar because they think that every tribe with a casino benefits from it in the same manner the Pequots do like it's just free money.

__________________
Don't worry that it's not good enough for anyone else to hear... just sing, sing a song.


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